Is it fair that Palin get the domain Palin2012 from someone who purchased it already? What does that owner get in return or do I don’t understand how this work. You call it a squatter but isn’t it good business sense if you have a domain name of someone who is famous? I would hope that if she does get this approved and the individual who obtained or even purchased this domain get compensated for it to the tune of millions.
Is it fair that Palin get the domain Palin2012 from someone who purchased it already? What does that owner get in return or do I dont understand how this work. You call it a squatter but isnt it good business sense if you have a domain name of someone who is famous? I would hope that if she does get this approved and the individual who obtained or even purchased this domain get compensated for it to the tune of millions.
Here is the test used by those who rule on these cases:
In determining whether the domain name registrant has a bad faith intent to profit a court may consider many factors including nine that are outlined in the statute:
1. the registrants trademark or other intellectual property rights in the domain name;
2. whether the domain name contains the registrants legal or common name;
3. the registrants prior use of the domain name in connection with the bona fide offering of goods or services;
4. the registrants bona fide noncommercial or fair use of the mark in a site accessible by the domain name;
5. the registrants intent to divert customers from the mark owners online location that could harm the goodwill represented by the mark, for commercial gain or with the intent to tarnish or disparage the mark;
6. the registrants offer to transfer, sell, or otherwise assign the domain name to the mark owner or a third party for financial gain, without having used the mark in a legitimate site;
7. the registrants providing misleading false contact information when applying for registration of the domain name;
8. the registrants registration or acquisition of multiple domain names that are identical or confusingly similar to marks of others; and
9. the extent to which the mark in the domain is distinctive or famous.[10]
http://en.wikipedia.org/wiki/Anticybersquatting_Consumer_Protection_Act